[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4675-4676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2284]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 87

[WT Docket No. 00-77; FCC 01-378]


Accommodation of Advanced Digital Communications in the 117.975-
137 MHz Frequency Band and Implementation of Flight Information 
Services in the 136-137 MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to specify that 
very high frequency (VHF) aeronautical stations operating with phase 
modulation digital data emissions shall limit their power and out-of-
band emissions in accord with recently modified international Standards 
and Recommended Practices (SARPs) adopted by the International Civil 
Aviation Organization (ICAO). The Commission has adopted these 
amendments in response to a petition for partial reconsideration of the 
Report and Order in this proceeding, filed by Aeronautical Radio, Inc. 
(ARINC). These rule amendments will serve the public interest because 
the revised standards have been accepted by the aviation community 
globally and will assist the aviation industry in implementing new data 
communications systems. In addition, by facilitating the deployment of 
advanced aviation communications technology, these amendments will 
serve the goals of aviation safety and efficiency that underlie this 
proceeding.

EFFECTIVE DATE: Effective March 4, 2002.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: 1. This is a summary of the Commission's 
Memorandum Opinion and Order, FCC 01-378, adopted on December 21, 2001, 
and released on December 28, 2001. The full text of this Memorandum 
Opinion and Order is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY-A257, 445 12th 
Street, SW., Washington, D.C. 20554. The complete text may be purchased 
from the Commission's copy contractor, Qualex International, Portals 
II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554.

Summary of Report and Order

    2. Based on the record in this proceeding, we conclude that we 
should grant ARINC's petition for partial reconsideration because 
Sec. 87.139(k) of the Commission's rules, 47 CFR 87.139(k), as adopted 
in the Report and Order, does not reflect recent changes in 
international standards pertaining to the emission mask and out-of-band 
power levels for VHF digital aviation communications systems. These 
modifications of the international SARPs, adopted by the ICAO after the 
period for submitting comments to the Notice of Proposed Rulemaking in 
this proceeding, 65 FR 41032, July 3, 2000, are to take effect on 
January 1, 2002. The ICAO has increased the amount of power permissible 
in the first adjacent channel by 2 dB, specifying that the total amount 
of power across the first adjacent channel shall not exceed 2 dBm, 
rather than the 0 dBm now specified in Sec. 87.139(k)(1). The ICAO has 
also specified that the power measured over a 16 kHz bandwidth centered 
in either first adjacent 25 kHz channel shall be limited to -18 dBm,

[[Page 4676]]

instead of the -20 dBm limit set forth in Sec. 87.139(k)(3). Finally, 
the ICAO has increased the amount of suppression required for out-of-
band emissions in the second adjacent channels and beyond. The old 
standard required that the amount of power measured across either 
second adjacent channel be less than -25 dBm, and that the power 
measured in any other adjacent 25 kHz channels decrease monotonically 
by at least 5 dB per octave to a maximum value of -52 dBm. Under the 
new standard, the amount of power measured across either second 
adjacent 25 kHz channel must be less than -28 dBm, the amount of power 
measured across either fourth adjacent 25 kHz channel must be less than 
-38 dBm, and from thereon the power measured in any other adjacent 25 
kHz channel must monotonically decrease at a rate of at least 5 dB per 
octave to a maximum value of -53 dBm.
    3. It would serve the public interest to have these revised 
standards reflected in Sec. 87.139(k) because they have been accepted 
by the aviation community globally and will assist the aviation 
industry in implementing new data communications systems. In addition, 
by facilitating the deployment of advanced aviation communications 
technology, this amendment will also serve the goals of effective 
aviation safety and efficiency that underlie this proceeding. 
Consistent with the ICAO rules scheduled to take effect on January 1, 
2002, stations installed before January 1, 2002 that meet the existing 
out-of-band emission suppression standard in Sec. 87.139(k)(2) but not 
the revised standard will be permitted to continue operating 
indefinitely.

Final Regulatory Flexibility Certification

    4. The Regulatory Flexibility Act of 1980, as amended, (RFA) 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' The RFA generally defines ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    5. In this Memorandum Opinion and Order, we make minor revisions to 
the out-of-band emission limits applicable to VHF aeronautical stations 
and aircraft stations operating with digital communications technology. 
These minor revisions conform our rules with international standards 
applicable to equipment and aircraft operating outside United States 
airspace, and have been adopted at the request of Aeronautical Radio, 
Inc., an organization representing the civil aviation industry, without 
objection from any party. These minor revisions do not impose any new 
reporting or compliance requirements on any entity, do not otherwise 
impose any additional burdens on any small entities, and do not require 
alteration of the Final Regulatory Flexibility Analysis for the Report 
and Order. We therefore certify that the adoption of this Memorandum 
Opinion and Order will not have a significant economic impact on a 
substantial number of small entities.
    Report to Congress: The Commission will send a copy of this 
Memorandum Opinion and Order, including a copy of this Final Regulatory 
Flexibility Certification, in a report to be sent to Congress pursuant 
to the Small Business Regulatory Enforcement Fairness Act of 1996, see 
5 U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
this Memorandum Opinion and Order, including a copy of this Final 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration. A copy of the Report and Order 
and Final Regulatory Flexibility Certification (or summaries thereof) 
will also be published in the Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    6. Authority for issuance of this Memorandum Opinion and Order is 
contained in sections 1, 4(i), 302, 303(f) and (r), and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 302, 
303(f) and (r), 332.
    7. The Petition for Partial Reconsideration filed by Aeronautical 
Radio, Inc. on June 14, 2001 is granted.
    8. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 302, 
303(f) and (r), 332, part 87 of the Commission's rules, 47 CFR part 87, 
is amended as set forth in Rule Changes, effective March 4, 2002.
    17. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Memorandum Opinion and 
Order, including the Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 87

    Air transportation; Radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communication 
Commission amends 47 CFR part 87 as follows:

PART 87--AVIATION SERVICES

    1. The authority citation for part 87 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, and 307(e), unless otherwise 
noted.

    2. Section 87.139 is amended by revising paragraph (k) to read as 
follows:


Sec. 87.139  Emission limitations.

* * * * *
    (k) For VHF aeronautical stations and aircraft stations operating 
with G1D or G7D emissions:
    (1) The amount of power measured across either first adjacent 25 
kHz channel shall not exceed 2 dBm.
    (2) For stations first installed before January 1, 2002, the amount 
of power measured across either second adjacent channel shall be less 
than -25 dBm and the power measured in any other adjacent 25 kHz 
channels shall monotonically decrease at a rate of at least 5 dB per 
octave to a maximum value of -52 dBm. For stations first installed on 
or after January 1, 2002,
    (i) The amount of power measured across either second adjacent 25 
kHz channel shall be less than -28 dBm;
    (ii) The amount of power measured across either fourth adjacent 25 
kHz channel shall be less than -38 dBm; and
    (iii) From thereon the power measured in any other adjacent 25 kHz 
channel shall monotonically decrease at a rate of at least 5 dB per 
octave to a maximum value of -53 dBm.
    (3) The amount of power measured over a 16 kHz channel bandwidth 
centered on the first adjacent 25 kHz channel shall not exceed -18 dBm.

[FR Doc. 02-2284 Filed 1-30-02; 8:45 am]
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